HomeCase studiesSMEs, directors & shareholdersCommercial litigationPreventing the disqualification of a charity trustee by the Charity Commission

Why the client needed our help

Our client, the director and trustee of a liquidated charity company and director / trustee of several trading incorporated charities, approached us after being issued with a notice of disqualification as charity trustee (pursuant section 181A of the Charities Act 2011) by the Charity Commission. He sought assistance preventing his disqualification, which would mean his immediate retirement as director and trustee of these charities (and the risk of no management in respect of them).

How we helped

Through extensive and detailed representations supported by careful instruction taking, we succeeded in persuading the Charity Commission to agree that there were no grounds to disqualify. Ongoing representations were provided to the commission addressing the authority under the Charities Act 2011 and, in particular, the conditions that the Charity Commissioner is required to consider when deciding whether to issue a Disqualification Order (which can be made without court proceedings).

The outcome

The commission decided not to disqualify our client for five years. The enquiries were brought to an immediate end and this meant that our client was able to continue acting as a director and charity trustee of his other charities without the risk of further action by the commission.

If there was ever a star rating for law firms, Francis Wilks & Jones would score five stars plus. Professional and pro-active, they were able to understand my problem quickly, provide expert advice, outline a solution and put it into place with a successful outcome. I should have gone to them sooner.

A client we successfully defended in director disqualification and insolvency related proceedings

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Stephen Downie

Stephen Downie


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